劳动合同(英文版)

1、Labour ContractEmployer:Legal Representative:Position: PresidentAddress: Post code:Employee:Name: Gender:Address: Nationality:ID Card No.:Date of Birth:Education Degree:This Contract is signed on a mutuality voluntary basis by and between the following Employer and Employee in accordance with the La

2、 bour Law of People's Republic of China."1. Term of the Contract:The term of this contract is for years and shall commence on , , and shall continue until , , unless earlier terminated pursuant to this Contract. The Employee shall undergo a prob ationary period of _months.2. Job Description

3、:The Employer agrees to employ Mr./Ms. (name) as _(job title) in Department, located in (office locationand city).3. Remuneration of Laboura. The salary of the Employee shall bemonthly paid by the Emp loyer in accordance with applicable laws and regulations of P.R.C. It shall be paid by legal tender

4、 and not less than the standard minimum salary i n Tianjin.b. The salary of the Employee is RMB$ per month in the probationary period and RMB$ after the probationary period.c. If the delay or default of salary takes place, the Employer sh all pay the economic compensation except the salary itself in

5、 accordance with therelevant laws and regulations.4. Working Hours & Rest & Vocationa. The normal working hours of the Employee shall be eight ho urs each day, excluding meals and rest for an average of five days per w eek, for an average of forty hours per week.b. The Employee is entitled t

6、o all legal holidays and other paid leaves of absence in accordance with the laws and regulations of the PR C and the company 's work rules.c. The Employer may extend working hours due to the requirem ents of itsproduction or business after consultation with the trade union an d the Employee ,bu

7、t the extended working hour for a day shall generally not exceed one hour; If such extension is called for due to special reaso ns, the extended hours shall not exceed three hours a day. However, the t otal extension in a month shall not exceed thirty-six hours.5.Social Security & Welfarea. The

8、Employer will pay for all mandatory social security progr ams such pension insurance, unemployment insurance, medical insurance o f the Employee according to the relevant government and city regulations.b. During the period of the Contract, the Employee's welfare s hall beimplemented accordance

9、with the laws and relevant regulations of P.R.C.6. Working Protection & Working Conditionsa. The Employer should provide the Employee with occupational safety and health conditions conforming to the provisions of the State an d necessary articles of labor protection to guarantee the safety and h

10、ealth during the working process.b. The Employer should provide the Employee with safety educa tion and technique training; The Employee to be engaged in specialized o perations should receive specialized training and acquire qualifications for such special operations.c. The Employee should strictly

11、 abide by the rules of safe opera tion in the process of their work.7. Labour Disciplinea. The Employer may draft bylaws and labour disciplines of the Company, According to which, the Employer shall have the right to give rewards or take disciplinary actions to the Employee;b. The Employee shall com

12、ply with the management directions of the Employer and obey the bylaws and labour disciplines of the Employer.c. The Employee shall undertake the obligation to keep and not to disclose the trade secret for the Employer during the period of this Co ntract; This obligation of confidentiality shall sur

13、vive the termination of th is Contract for a period of two (2) years.8. Termination, Modification, Renew and Discharge of the Contrac ta. The relevant clauses of the Contract may be modified by theparties:i. The specific clause is required to be modified by the parties throughconsultation;ii. Due to

14、 the force majeure, the Contract can not be executed;iii. The relevant laws and regulations have been modified or ab olished by the time of signing the Contract.b. The Contract may be automatically terminated:i) This Contract is not renewed at the expiration of this Contra ct;ii) The Employer is leg

15、ally announced to be bankruptcy, dismis sed, or canceled;iii) The death of the Employee occurs;iv) The force majeure takes place;v) The conditions of termination agreed in the Contract by the pa rties arise.c. The Contract may be renewed at the expiration through consu ltation by the parties with th

16、e fulfillment of the procedure within 15 days to the expiration;d. The Contract may be discharged through consultation by theparties;e. The Contract may be discharged by the Employer with immed iate effect and the Employee will not be compensated:i. The Employee does not meet the job requirements du

17、ring the probationaryperiod;ii. The Employee seriously violates disciplines or bylaws of the Employer;iii. The Employee seriously neglects his duty, engages in malpra ctice for selfish ends and brings significant loss to the Employer;iv. The Employee is being punished by physical labour for its m is

18、feasancev. The Employee is being charged with criminal offences:f. The Contract may be terminated by the Employer by giving n otice in written form 30(thirty) days in advance:i. The Employee fails ill or is injured to (other than due to wor k) and after completion of medical treatment, is not able t

19、o perform his previous function or any other function the Employer assigns to him;ii. The Employee does not show satisfactory performance and aft er training and adjusting measures is still not able to perform satisfactoril y;iii. The circumstances have materially changed from the date this Contract

20、 was signed to the extent that it is impossible to execute the Co ntract provided, however, that the parties cannot reach an agreement to a mend the contract to reflect the changed circumstances.iv. The Employer is being consolidated in the legal consolidation period on the brink of bankruptcy or th

21、e situation of business is seriousl y in trouble, under such condition, it is required to reduce the emplouee. (in legal procedure)g. The Employee shall not be dismissed :i. The Contract has neither expired nor conformed to 8.d,8.e,8.f,8.g;ii. The Employee is ill with occupational disease or injured

22、 due to work and has been authenticated fully or partly disabled by the Labour Authentication Commission in Baodi County, Tianjin.iii. The Employee is ill or injured (other than due to work) and is within the period of medical leave provided for by applicable PRC la w and regulations and Company pol

23、icy;iv. The Employee is woman who is pregnant, on maternity leav e, or nursing a baby under one year of age; oriii. The applicable PRC laws and regulations otherwise prohibit t he termination of this Contract.h. The Contract may be dicharged by the Employee by giving n otice in written form 30(thirt

24、y) days in advance. However, the Employee may inform the Employer to discharge the Contract at random under the following occasions:i. The Employee is still in the probationary period;ii. The Employer force the Employee to work by violence, dures s or illegal restriction to physical freedom;iii. The

25、 Employer does not pay the remuneration of the Employe e accordance with the relevant clause in the Contract;iv. The Employer violates the relevant regulations of State or Ti anjin for its terrible safe and health condition, which is harmful to the E mployee' shealth.I. The Contract can not be t

26、erminated by the Employee before t he expiration if not conforming to 8.d, 8.h,j. The Employer shall pay the economic compensation to the E mployer if the Contract is terminated conforming to 8.d,8.f,8.h.i-8.h.iv. Ad ditional fee for medical allowance should be paid to the Employee if the Contract i

27、s terminated conforming to 8.f.i.9. Breach Liabilitiesa. Due to either party 's fault, if breaching the Contract, that pa rty shall undertake the breach liability according to the extent to the perf ormance of the Contract; if the parties both breach the Contract, they sha ll undertake itssepara

28、te liability according to the concrete situation.b. Due to either party 's fault, if breaching the Contract to dama ge the other party. The damage should be compensated by the faulty part y accordance with the relevant laws and regulations of PRC.c. Due to the force majeure, causing the non-perf

29、ormance or the damages to either party, the other party may not undertake the breach li ability;c. The Employee wants to resign and has received training provi ded by the Employer, the Employee shall compensate for the training cos t. The method of compensation should be fixed according to the relev

30、ant company regulations as follows:The Employee shall compensate RMB within _year(s)in the Company if the Contract is terminated by the Employee at his cau se;The Employee shall compensate RMB within _year(s)in the Company if the Contract is terminated by the Employee at his cau se;The Employee shall compensate RMB within _year(s)in the Company if the Contract is terminated by the Employee at his cau se;10. Labor DisputesWhere a labor dispute between the parties takes place during th e performance of this Contract, the parties concerned